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HomeMy WebLinkAbout02-5046 GARY S. SHEAFFER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 6~ -Sdtl- Q,~~L T~ : CIVIL ACTION - LAW : IN DIVORCE CHRISTINA D. SHEAFFER, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service c/o COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 TUCKER ARENSBERG & SWARTZ Dated: It> ~ /S~t?2- By: (;() /lA. --/./, . Dennis R. ~;r-- Attorney I.D. #39182 III North Front Street Harrisburg, PA 17108-0889 (717) 234-4121 Attorney for Plaintiff GARY S. SHEAFFER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. C:l. - S'eJ.I.f::. c;u~l 'J~ CHRISTINA D. SHEAFFER, Defendant CIVIL ACTION - LAW IN DIVORCE COUNT I COMPLAINT UNDER SECTION 3301 (e) OF THE DIVORCE CODE 1. Plaintiff is Gary Sheaffer, an adult individual who is sui juris and resides at 39 South 8th Street, Lemoyne, Cumberland County, Pennsylvania. 2. Defendant is Christina Sheaffer, an adult individual who is sui juris and resides at 39 South 8th Street, Lemoyne, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 3, 1993, in Westminster, Carroll County, Maryland. 5. The parties have no children from their marriage. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 8. its Allies. The Defendant is not a member of the Armed Services of the United States or any of 9. The Plaintiff avers that the marriage is irretrievably broken. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant will also file such an Affidavit. 11. The parties separated on October 10, 2002. COUNT II CLAIM FOR EOUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER THE DIVORCE CODE 12. Plaintiff and Defendant are the owners of various items of real property, personal property, furniture and household furnishings that may be subject to equitable distribution by this Court. 13. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits which may be subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests the Court to enter a Decree: a. Dissolving the marriage between Plaintiff and Defendant; b. Equitably distribution all property owned by the parties hereto; c. In the event that a written Separation Agreement is reached between the parties hereto prior to the time of hearing on this Complaint, Plaintiff respectfully requests that pursuant to S304(a)(I) and (4) and S401(b) of the Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree. d. For such further relief as the Court may determine equitable and just. Respectfully submitted, TUCKER ARENSBERG & SWARTZ By: ~/~~~ Dennis R. Shlaffer Attomey l.D. #39182 111 North Front Street P.O. Box 889 Harrisburg, P A 17108-0889 (717) 234-4121 Dated: J ~ - )3-- 01- Attorney for Plaintiff 53737.1 VERIFICATION I, Gary S. Sheaffer, verify that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements made to this verification are subject to the penalties of 18 Pa. C.S.A. S4904, relating to unsworn falsification to authorities. /'J i /r;'1 5~ Gary S~ fer -Cs & ,,~ 9 ~.~ ~ g (J I I Ffl~~ J~ ~~ ......... i:? f' o t< ~ ....... ~ p c:. ~ ~2~ f'V Q 1":f;!!:'~' D 'J <:!.,'., r:-., 2-t: --f Ct5 );- ~f;- -....J i: f~: ~'U ..e':" . '''''_~ i.~- E:~ :': .'_ ~..;;~ .. -'i c.' :';, -<.:' "' .,,>- (...J ~.:r,J -.;.. GARY S. SHEAFFER Plain tiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-5046 CHRISTINA D. SHEAFFER, Defendant : CIVIL ACTION - LAW : IN DIVORCE WITHDRAWAL OF APPEARANCE Please withdraw my appearance in the above-captioned matter on behalf of the Defendant, Christina D. Sheaffer. Respectfully submitted, ENTRY OF APPEARANCE Please enter my appearance in the above-captioned matter on behalf of Defendant, Christina D. Sheaffer. Respectfully submitted, Dated: d 5 lot) I I w'~ Mark A. Mateya, {squire Attorney LD. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Attorney for Defendant CERTIFICATE OF SERVItg; I, Mark A. Mateya, Esquire, hereby certifY that I have served a copy of the Praecipe for Withdrawal/Entry of Appearance, on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: DENmSRSHEAFFERESQurnE TUCKER ARENSBERG & SWARTZ 111 NORTH FRONT STREET HARRISBURG P A 17108 lA4, Mark A. Mateya, Es ire P.O. Box 127 Boiling Springs, P A 17007 (717) 241-6500 DATED: 1/ S 105 . Attorney for Defendant .. ,-.-.::> .,...., ,;.J ~ (~ .~,' \'\'\,'J. -,,' .-,,- ,,> ~. ,< r t-'- C) GARY S. SHEAFFER Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5046 CIVIL ACTION - LAW IN DIVORCE CHRISTINA D. SHEAFFER, Defendant CHRISTINA D. SHEAFFER, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOMESTIC RELATIONS SECTION NO. 163 S,2003 PACSES CASE NUIVIBER 986105274 : IN SUPPORT GARY S. SHEAFFER, Defendant MOTION REQUESTING JOINDER OF ALIMONY PENDENTE LITE AND SUPPORT through his attorneys, Tucker Arensberg, P.C., and files the within Motion: AND NOW COMES, Plaintiff, Gary S. Sheaffer, (hereinafter re1ferred to as "Gary") by and 1. Counsel for Plaintiff, Gary S. Sheaffer, filed a Petition fc)r Alimony Pendente Lite under the Divorce Code on September 12, 2005 requesting alimony pC3ndente lite. 2. By Motion filed simultaneously with the within Motion, Plaintiff has requested the scheduling of a hearing on alimony pendente lite. 3. An Order was entered to the above support docket on c'r about February 12, 2005 whereby Plaintiff pays support for Defendant. 4. In or about August, 2005, Plaintiff filed a Petition for Modification and said issue has been scheduled for a conference before R. J. Shadday on September 12,2005 at 10:30 a.m. 5. Plaintiff requests that the issue of alimony pendente lite be joined with the support action docketed to the above number and heard at the September '12, 2005 conference. WHEREFORE, Plaintiff respectfully prays this Court to join the issues of alimony pendente lite and support to be heard simultaneously on September 12, 2005. TUCKER ARENSBERG, P.C. By: . Sh~t-;SqUire 111 North Front Street P.O, Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF, GARY S. SHEAFFER COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF DAUPHIN ) Personally appeared before me, a Notary Publi,~ in and for said Commonwealth and County, Dennis R Sheaffer, who, being duly sworn accordin~1 to law, deposes and says that he is the attorney for Gary S. Sheaffer in the within action; that he takes this Affidavit on behalf of Gary S. Sheaffer as the matters are procedural or refer to matters within the knowledge of counsel and that the facts set forth in the foregoing Motion are true and correct to the best of his knowledge, information and belief. ~~ Sworn to and subscribed before me this ~ay of September, 2005. .d,lh,~ Notary Public (SEAL) NOTARIAl sw. Gl.OllIA M. IlINI NoIaIy Public CIlV OF IWlRIIIIRG. DAUfl.. CClUNIY My COlI..' ....... Nov I.IlI07 .. ./A3" ,'.iMl0l<l .,(~-. ;,-, .\If.l<:)~ 'wnl/1 'r'L'1<)1I! YfMUCXUtttctUAG ,;)5tU8i:l~"'t1.K Vir) t* .a voVi tf.nk-lJl~ I tOIMImmo.: "M . CERTIFICATE OF SERVICE AND NOW, this /~M day of :)ePrlfT/7€,.F)t-, 2005, I, Dennis R Sheaffer, for the firm of Tucker Arensberg, P.C., hereby certify that I have this day served a copy of the within document, by hand delivery, to Mark A. Mateya, Esquire. 81185.1 ~ C) c~- c:;. tv "-> c::) C:) ...J.; .~~~ . , C:' o -" ::;:i hl7Y -"i-I' ";0 .. , 'j~> ) ,-'J ;~:':;sa ,~S) ..J .'" f'J :~. -,.~ ~:~,; GARY S. SHEAFFER Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5046 CIVIL ACTION - LAW IN DIVORCE CHRISTINA D. SHEAFFER, Defendant CHRISTINA D. SHEAFFER, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOMESTIC RELATIONS SECTION NO. 163 S, 2003 PACSES CASE NUMBER 986105274 : IN SUPPORT GARY S. SHEAFFER, Defendant MOTION REQUESTING HEARING ON ALIMONY PENDENTE LITE Arensberg, P.C., and files the within Motion: AND NOW COMES, Plaintiff, Gary S. Sheaffer, by and through his attomeys, Tucker under the Divorce Code on September 12, 2005 requesting alimony pemdente lite. 1. Counsel for Plaintiff, Gary S. Sheaffer, filed a Petition for Alimony Pendente Lite 2. Plaintiff requests the scheduling of a hearing on alimon}' pendente lite. 3. By Motion filed simultaneously with this Motion Requesting Hearing on Alimony Pendente Lite, Plaintiff has requested the jOinder of the iSsue of alimony pendente lite with the support action. 4. In or about August, 2005, Plaintiff filed a Petition for Modification of Support Order 2005 at 10:30 a.m. and said petition has been scheduled for a conference before R J. Shadday on September 12, hearing, with said iSsue being jOined to Plaintiff's Petition for Modification to be heard at the WHEREFORE, Plaintiff reSpectfully prays this Court to Schedule an alimony pendente lite conference before R. J. Shadday on September 12, 2005 at 10:30 a.m, at the Domestic Relations Office, 13 N. Hanover Street, Carlisle, PA 17013. TUCKER ARENSBERG, P.C. "'"~ ~E.q"ire 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF, GARY S. SHEAFFER By: COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF DAUPHIN ) Personally appeared before me, a Notary Public in and for said Commonwealth and County, Dennis R Sheaffer, who, being duly sworn according to law, deposes and says that he is the attorney for Gary S. Sheaffer in the within action; that he takes this Affidavit on behalf of Gary S. Sheaffer as the matters are procedural or refer to matters within the knowledge of counsel and that the facts set forth in the foregoing Motion are true and correct to the best of his knowledge, information and belief. ~~1!::tr- Sworn to and subscrped before me this ~ay 2;.05~ Notary Public (SEAL) NOTAIIIlli-. GlORIA M. .. CllYClF Notary "'- ""'Cotn~URC. "-'.. IIaIon EX1"'''' Nov I,c::r ..... - A __I __Mt-. ir.1 ':/IIdAl" ~~: . ",?".' ,,{>ill:;) ~~ .a~" ,11\ CERTIFICATE OF SERVICI; AND NOW, this /J.#. day of 5mtfPlt3f>71-, 2005, I, Dennis R. Sheaffer, for the firm of Tucker Arensberg, P.C., hereby certify that I have this day served a copy of the within document, by hand delivery, to Mark A. Mateya, Esquire. Dennis'R. :! ~ff-- 81184.1 0 r" C ~":) 0 C::::J <:':...., -" (/) :;:! f"i'l ~ :n r'o, n, , f'v ::<"?(T: c-:')' -' -1 (~) ."J>. ::n ::::: () ';~:, , ~) I'"n C"J , '>J <- ., GARY S. SHEAFFER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-5046 CHRISTINA D. SHEAFFER, Defendant CIVIL ACTION - LAW IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE UNDER THE DIVORCE CODE AND NOW comes the Plaintiff, Gary S. Sheaffer, and petitions this Honorable Court as follows: 1. Plaintiff does not have sufficient funds to support himself. 2. Defendant is full well and able to pay Plaintiff Alimony Pendente Lite. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Directing the Defendant to pay Alimony Pendente Lite; and B. For such further relief as the Court may determine equitable and just. TUCKER ARENSBERG, P.C. By: r/l44N~ .. ~~n)iR. Sh~ffer- P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 Attorney for Plaintiff VERIFICATION I verify that the statements made in this pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: r%5 CERTIFICATE OF SERVICE AND NOW, this j')1t day of ,:)t!YrPn6DL ,2005, I, Dennis R Sheaffer, for the firm of Tucker Arensberg, P.C., hereby certify that I have this day served a copy of the within document, by hand delivery, to Mark A. Mateya, Esquire. @1If#- Dennis R Saffer 81186.1 .:2 .- r-..> ~::;; (:.f1 (/') PI -~~) N ~:-? <--~; ?6 .< CJ GARY S. SHEAFFER Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5046 RCCE"IEn r'":p 1 r "" \ I- l' ;; "".... .o.-~, ~ CHRISTINA D. SHEAFFER, Defendant : CIVIL ACTION - LAW IN DIVORCE CHRISTINA D. SHEAFFER, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : DOMESTIC RELATIONS SECTION : NO. 163 S,2003 : PACSES CASE NUMBER 986105274 : IN SUPPORT GARY S. SHEAFFER, Defendant ORDER AND NOW, this Ii ~ day of ~ ' 2005, upon consideration of the Motion filed by Plaintiff requesting an alimony pendente hearing, IT IS HEREBY ORDERED AND DECREED that a conference will be held on the issue of alimony pendente lite on September 12, 2005 at 10:30 a.m. before J. R Shadday, Domestic Relations Officer, Domestic Relations Office, 13 N. Hanover Street, Carlisle, PA 17013 in conjunction with the conference requested by Plaintiff pursuant to his Petition for modification filed in August, 2005. J. {iJ s-- ~ t s$ &l- ~Jt! .( ..0 ~ . .", Vi ~ IS :Ij ZI ern jJJ(. D h___ GARY S. SHEAFFER Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5046 RECEIVED S[P l2 ~005 ~ CHRISTINA D. SHEAFFER, Defendant : CIVIL ACTION - LAW IN DIVORCE CHRISTINA D. SHEAFFER, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOMESTIC RELATIONS SECTION : NO. 163 S,2003 : PACSES CASE NUMBER 986105274 : IN SUPPORT GARY S. SHEAFFER, Defendant ORDER AND NOW, this l"~ day of ~ , 2005, upon consideration of the Motion filed by Plaintiff, IT IS HEREBY ORDERED AND DECREED that Plaintiff's request to join alimony pendente lite with the support action is hereby granted and both the issue of alimony pendente lite and the current request by Plaintiff for a modification to the existing Support Order shall be heard simultaneously on September 12,2005 at 10:30 a.m., before R J. Shadday, Domestic Relations Officer, Office of Domestic Relations, 13 N. Hanover Street, Carlisle, Pennsylvania. J. ,,~~, .~ \. ~~'N~ ~~\;,~ :r . <, , .S' ('j? j ~ ~ ~ 1'~ ~ ~~~~ " 'i~Lr-: " h,) 9 S : 11 Wi 21 ,!JS ga:jz ,. J"",I (" :,': ';.:U1' J0 I\{::: 10 I...'ii,,' ( _i~ I ..J,...... . "3:=<::/::~C(" CFllL.j ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania CoJCity/Dist. of CUMBERLAND Date of Order/Notice 09/12/05 Case Number (See Addendum for case summary) 577107643 02-5046 CIVIL @Original Order/Notice o Amended Order/Notice o Terminate Order/Notice UNITED CONCORDIA COMPANIES INC C/O ATTN: PAYROLL PO BOX 890089 CAMP HILL PA 17089-0089 RE'SHEAFFER, CHRISTINA D. Employee/Obligor's Name (Last, First, MI) 177-56-0175 Employee/Obligor's Social Security Number 7187101105 Employee/Obligor's Case Identifier (See Adckndum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First MI) EmployerMtithholder's Federal EIN Number See Addendum for dependent names and birth dates associated with cases on attachment. ORDER /NFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee'sJobligor's income until further notice even if the Order/Notice is not issued by your State. $ 97.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes @ no $ 0.00 per month in current and past-due medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 97 . 00 per month to be forwarded to payee below. You do not have to vary your pay cyeie to be in compliance with the support order. If your pay cyeie does not match the ordered support payment cyeie, use the following to determine how much to withhold: $ 22.38 per weekly pay period. $ 44.77 per biweekly pay period (every two weeks). $ 48.50 per semimonthly pay period (twice a month). $ 97.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDUl Employer Customer Service at 1-B77-676-95BO for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SeDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEfENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: ~)~'- ~ I> )H_~ ,/' // DRO: R.J. Shadday Service Type M J. I. Judge Form EN-02B Worker 10 $IATT QMB No.: OY70-0154 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If ~hecked you are required to provide a \Copy of this form to your employee. If your employee works in a state that is ditterent from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Repod;llg lIu;::; rayJctlc/Date of'lv';lI.I,VIJ;"o' Yvu IlIu;:;l,epollll,c fJdyJatc/J<ltc uf vv;lllllOldillg VVlle" :'C:lld;lI~ ll,c JJ(1)'IIICIIl. TI,c paydale/ddk vf vval.l.vIJ;"~rfstl.e date VII vvl,;.,J. <1I1IV~a5 vv;ll,l,dJ f'VHI [II'::: clllfJlv)'cc':, wages-:- You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.' Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2516875860 EMPLOYEE'S/OBLlGOR'S NAME: SHEAFFER, CHRISTINA D. EMPLOYEE'S CASE IDENTIFIER: 7187101105 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.' Withholding Limits: You may not withhold more than the lesser of: 1 I the amounts allowed by the Federal Consumer Credit Protection Act (15 U.s.c 91673 (bI1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: 'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. l1.Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (7171 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Worker ID $IATT Service Type M OMBNo_,0970-0154 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SHEAFFER, CHRISTINA D. PACSES Case Number 577107643 Plaintiff Name GARY S. SHEAFFER Docket Attachment Amount 02-5046 CIVIL$ 97.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s). DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. Addendum Form E N-028 Worker ID $IATT Service Type M OMB No.: 0970-0154 SCANNED r...,) C-,::,I .;:.:.:~, ~'-q (F; ~2~~ o -,J ::;::! -,-I C.) r<, GARY S. SHEAFFER, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE ~ NO. ~- 5046 CIVIL TERM IN DIVORCE CHRISTINA D. SHEAFFER, DefendantlRespondent PACSES# 577107643 ORDER OF COURT AND NOW, this 12th day of September, 2005, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1009.13 and Respondent's monthly net income/earning capacity is $1293.49, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $97.00 per month payable monthly as follows; $97.00 for alimony pendente lite and $0.00 on arrears. First payment due next pay date at $44.76 bi- weekly. Arrears set at $97.00 as of September 12, 2005. The effective date of the order is September 12, 2005. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.~ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the P A SCDU to: . Payments must be made by check or money order. All checks and money orders must be made payable to P A SCDU and mailed to: P A SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's P ACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 Unreimbursed medical expenses that exceed $250.00 annually are to be paid as follows: 0% by Respondent and 100% by Petitioner. The Petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Respondent to provide medical insurance coverage. Within thirty (30) days after the entry of this Order, the Respondent shall submit to Petitioner written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at minimum, of: 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Petitioner's Attorney Respondent Respondent's Attorney BY THE COURT, Judge DRO: R. J. Shadday Mailed copies on: SFP 1 /1 2005 Petitioner Respondent Dennis R. Sheaffer, Esq. Mark A. Matey", Esq. .- 1'-<:' c;::~ :'=;;l "':"-', r; -jj :~ 'l'l -.-1 ~,) f\..:; GARY S. SHEAFFER Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-5046 CHRISTINA D. SHEAFFER, Defendant : CIVIL ACTION - LAW : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Christina D. Sheaffer, Defendant, by and through her attorney, Mark A. Mateya, Esquire, moves This Honorable Court appoint a master with respect to the following claims: (X) Divorce () Annulment (X) Alimony () Alimony Pendente Lite (X) Distribution of Property () Support () Counsel Fees () Costs and Expenses and in support of the motion states: (I) Discovery is complete as to the claims for which the appointment ofa master is required; (2) Plaintiff, Gary S. Sheaffer is represented in this action by Dennis Sheaffer, Esquire. (3) The statutory grounds for divorce are 23 Pa.C.s. section 3301(d). (4) The action is contested with respect to the following claims: divorce, equitable distribution of the parties' marital property, alimony, and distribution of property. (5) The action involves complex issues of fact. (6) The hearing is expected to take one day. (7) Plaintiff, Gary S. Sheaffer, filed a complaint in divorce on October 17, 2002. For a period of thirty-eight (38) months, the parties have negotiated in an attempt to amicably resolve the 1 claims at issue. Said negotiations have proven unsuccessful. WHEREFORE, Defendant, Christina Sheaffer, respectfully requests that This Honorable Court appoint a master with respect to his claim for divorce, equitable distribution of the parties' marital property, alimony, and distribution of property. Respectfully submitted, " A- Mark A. Mateya, Esqu e P.O. Box 127 Boiling Springs, P A 17007 (717) 241-6500 (717) 241-3099 Fax Date: 17/ [11.(0< Attorney for Defendant 2 VERIFICATION MARK A. MATEY A, ESQUIRE, verifies that he is the attorney and agent for the Defendant herein, that the Defendant's verification cannot be obtained within the time allowed for the filing of this pleading, that as attorney for the Defendant, he has sufficient knowledge and information concerning the contents ofthe within document and that the facts set forth in the foregoing are true and correct to the best of his knowledge, information and belief. He understands that false statements made therein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. ~- , ESQUIRE Dated: \~~~ O( CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the Motion for Appointment of Divorce Master, on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: DENNIS R SHEAFFER ESQUIRE TUCKER ARENSBERG & SWARTZ III NORTH FRONT STREET HARRISBURG P A 17108 !~~ Mark A. Mateya, E P.O. Box 127 Boiling Springs, P A 17007 (717) 241-6500 Attorney for Defendant DATED: ./ '- 22" ()) o ~~; - ~~ = ,_,::,:) (..~.., C:, 1""1 (, o .\ ..... -r: h1 ::J c.. P:J f'..) UJ , (:'? (-~ .-f..J -~ r.,) GARY S. SHEAFFER Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-5046 CHRISTINA D. SHEAFFER, Defendant : CIVIL ACTION - LAW : IN DIVORCE MOTION FOR PARTIAL DISTRIBUTION OF MARITAL ASSETS COMES NOW, the Defendant, Christina D. Sheaffer, by and through her counsel, Mark A. Mateya, Esquire, and in support avers the following: 1. Plaintiff herein filed a Complaint in Divorce to be the above term and number on or about October 17, 2002. 2. No equitable distribution by and between the parties has been completed to the date of this document. 3. The parties herein are negotiating in good faith without success. 4. Extensive discovery has been completed. 5. The marital home is presently inhabited by Plaintiff. 6. The parties herein have agreed as part of the equitable distribution that Plaintiff will retain the marital home as his own. 7. The parties agree that a certain sum of cash between $28,000.00 and $42,000.00 will be distributed from Defendant's assets to Plaintiff at the completion of the equitable distribution. WHEREFORE, Defendant respectfully requests this Honorable Court to promote a partial equitable distribution of marital assets during the pendency of divorce, according to 23 Pa.C.S. S3502(f) as follows: a. Defendant will distribute to Plaintiff $10,000.00 as partial payment of the equitable distribution amount yet to be agreed upon, which dollar figure will be somewhere between $28,000.00 and $42,000.00. b. Defendant executes a Quit Claim Deed in favor of Plaintiff as a marital asset of the marital home. Respectfully submitted, ~~l~", Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, P A 17007 (717) 241-6500 (717) 241-3099 Fax Date: 1~~O< Counsel for Defendant VERIFICATION MARK A. MATEY A, ESQUIRE, verifies that he is the attomey and agent for the Defendant herein, that the Defendant's verification cannot be obtained within the time allowed for the filing of this pleading, that as attorney for the Defendant, he has sufficient knowledge and information concerning the contents of the within document and that the facts set forth in the foregoing are true and correct to the best of his knowledge, information and belid. He understands that false statements made therein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Dated: \~~ CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the Motion for Partial Distribution of Assets, on the following person(s) by depositing a true and correct copy ofthe same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: DENNIS R SHEAFFER ESQUIRE TUCKER ARENSBERG & SWARTZ III NORTH FRONT STREET HARRISBURGPA 17108 ~~'~ire P.O. Box 127 Boiling Springs, P A 17007 (717) 241-6500 DATED: Attorney for Defendant (} ~-- ~, ~~ (-? <:;:'--'1 q\ 'e:-> '"", -.0 ~ ~ --' ..,.- -n r~~ :r'\ "~J ~ - ....1 ,l~/, <:...' .. ,- ~~~ "-,'I ,-~, .;".(rr' ~:~\ ,,'~ :~ () GARY S. SHEAFFER Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-5046 CHRISTINA D. SHEAFFER, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORDER APPOINTMENT MASTER AND NOW, this 30tl day ofiJU..R/J"i<#t, 2005, fl,1!t:/<eJ ~fJa1. , Esq. is appointed master with respect to the following claims: 1. Equitable Distribution; ~ 2. Granting of Divorce Decree 3. Alimony 4. Distribution of Property BY~~ ~vV'~~~ ';yo ,;) \ f (\~)~~P~,cV t(: _0<: ~-- C uJ -7~ C)~'- ___1_ \)---"; 'r5:<~ ('::\~1':' U~ ~uj G.--:c:. F' LJ_ o N In C~ -,. 'c: o ("") W LI_J o V:l C' = c-> GARY S. SHEAFFER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTINA D. SHEAFFER. DEFENDANT 02-5046 CIVIL TERM ORDER OF COURT AND NOW, this I..("\-- day of January, 2006, a Rule is entered against Gary S. Sheaffer to show cause why the relief requested herein for a partial distribution of marital assets, should not be granted. Rule returnable ten (10) days after service. By the Court, j;? /~;./ ( V I /. ~(~<-- Edgar B. Bayley, J. ~ennis R. Sheaffer, Esquire For Plaintiff ,/IV1ark A Mateya, Esquire F or Defendant :sal c\,6G, \,0 o t:.c iZh.h! f= Lt_ C) l'.... Z ".'1' -; '..J~) c;:; c:.:;, ,-" _oj () GARY S. SHEAFFER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. NO. 02-5046 CHRISTINA D. SHEAFFER, Defendant. CIVIL ACTION. LAW IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION FOR PARTIAL DISTRIBUTION OF MARITAL ASSETS AND NOW, come the Plaintiff, Gary S. Sheaffer, by and through his attorneys, Tucker Arensberg, P.C., and answers Defendants' Motion For Partial Distribution of Marital Assets as follows: 1. Admitted. 2. Admitted. 3. Admitted in part, denied in part. It is admitted that the parties have been attempting to negotiate settlement of the above-matter without success. The remaining allegations of paragraph 3 are denied. 4. Admitted in part, denied in part. It is admitted that some discovery has been completed in this matter. The characterization of extensive discovery is denied as further discovery is necessary. 5. Admitted in part, denied in part. It is admitted that the Plaintiff presently resides at the marital home, It is specifically denied that Defendant no longer has access to the home. To the contrary, Defendant continues to freely access the property as she desires. - 1 - , 6. Admitted in part, denied in part. It is admitted that as part of his equitable distribution, Plaintiff would like to retain the marital home as his own. It is denied that without further distribution of significant marital assets that the Plaintiff can afford to retain the marital home. The parties agree that the value of the marital home is $80,000.00. 7. Admitted in part, denied in part. It is admitted that the parties agree that a certain sum of cash will need to be distributed from marital assets to the Plaintiff, in addition to the marital home, through equitable distribution. It is denied that the distribution of cash will come from the "Defendant's assets". To the contrary, said cash will come from marital assets. It is admitted that the equitable distribution to be given to the Plaintiff, in addition to the marital home, is cash in an amount between $28,000.00 and $42,000.00. WHEREFORE, Plaintiff respectfully requests this Honorable Court to make a partial equitable distribution of marital assets pending the divorce, according to 23 Pa.C.S. 93502(f) as follows: a. Plaintiff will receive a present distribution of $1 0,000.00 in cash from the marital assets as partial payment of the equitable distribution, which total equitable distribution for the Plaintiff, in addition to the marital home, dollar figure will be between $28,000.00 and $42,000.00 cash. - 2 - b. Defendant execute a Quit Claim Deed in favor of Plaintiff as a distribution of marital asset of the marital home and Plaintiff is to satisfy the liabilities against the home. Fix the value of the marital home at $80,000.00. TUCKER ARENSBERG, P.C. @~~- Dennis Ri Shea er Attorney 1.0. No. 39182 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Attorney for Plaintiff Dated: January 13, 2006 83914 (016085 - 021329) - 3 - VERIFICATION I, DENNIS R. SHEAFFER, attorney for the Plaintiff, Gary S. Sheaffer, in the within action, makes this verification on behalf of the Plaintiff, as Plaintiff is outside the jurisdiction of the court and the verification of Plaintiff cannot be obtained within the time allowed for filing the pleading, and I affirm that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. S4904, relating to unsworn falsification to authorities. ~/!/~- DENNIS R. SHEAFFER, ESQUIRE - 4 - c . CERTIFICATE OF SERVICE AND NOW, this 13th day of January, 2006, I, Paulina Patti Thomas, for the law firm of Tucker Arensberg, P.C., attorneys for Plaintiff, hereby certify that I have this day served the foregoing Answer to Defendant's Motion for Partial Distribution of Marital Assets, by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Mark A. Mateya, Esquire P.O. Box 127 Boiling Springs, PA 17007 ~~/~ Paulina Patti Thomas 83914.1 (016085 - 02139) - 5 - ;;' L_ -.- c") '-"" -n --,.' .- f') .-l GARY S. SHEAFFER Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-5046 CHRISTINA D. SHEAFFER, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 ( c) ofthe Divorce Code was filed on October 17,2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. DATED: ~ -lv - (lp Christina D. Sheaffer Defendant <2; .c.., .-' '8 d' ?'- ~ -01.:;' D;C,~ ~"'."C_ -"'re b'\~~' ::<> r~:: \'-' -, -, ~. Y' "?t~' YC:"~ ~, .J__; 2. .- U' Q. .-' ::r..~. rf'h-' -::{1}'C) ':)(:) ~:~-.:;:\ "'-.I,'f') :,.:,,)('1'"\ .;::.> ";n ::<:. -0 ~ <j! .- 0"' --------. .-------- GARY S. SHEAFFER Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-5046 CHRISTINA D. SHEAFFER, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~ 330l(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904 relating to unsworn falsification to authorities. DATE 3 - Lr O(V C:h~ Christina D. Sheaffer Defendant ~ ,";Ji1iI6II" ~(' ..' ,. ,...,~"",,""',"'~,. , ------- ~ -o~\ rr-,; -..,. "', , ~-; t\7 -,'" ~ 'r'~ ' ~':,~.' '9'(': -/ :2. ,..., ~ <:r """ ~ -- cJl "'" ::z. o ~~1 -, ;5~--i< ,f1f.::- ---o\:D 0....'.) C).I~~ -~r~-i\ ',~~~\ ~:::-\ 'Jf., ::;,;; <-:? -- ,p ~ - In the Court of Common Pleas of CUMBERLAND CountJ, PennsJIvania DOMESTIC RELATIONS SECTION GARY S. SHEAFFER ) Docket Number 02-5046 CIVIL Plaintiff ) vs. ) PACSES Case Number 577107643 CHRISTINA D. SHEAFFER ) Defendant ) Other State ID Number ORDER AND NOW, to wit, on this 12TH DAY OF APRIL, 2006 IT IS HEREBY ORDERED that the support order in this case be 0 Vacated or o Suspended or o Terminated without prejudice or G\) Terminated and Vacated, effective FEBRUARY 14, 2006 , due to: THE PARTIES' MARITAL SETTLEMENT AGREEMENT. THERE IS NO BALANCE DUE THE PLAINTIFF. DRO: R.J. Shadday Service Type M JUDGE Fornl OE-504 Worker ID 21005 "-." ~ L .~ , State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 04/11/06 Case Number (See Addendum for case summary) ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 577107643 02-5046 CIVIL o Original Order/Notice o Amended Order/Notice (8) Terminate Order/Notice UNITED CONCORDIA COMPANIES INC C/O ATTN: PAYROLL PO BOX 890089 CAMP HILL PA 17089-0089 RE. SHEAFFER, CHRISTINA D. Employee/Obligor's Name (Last, First, Ml) 177-56-0175 Employee/Obligor's Social Security Number 7187101105 Employee/Obligor's Case Identifier (See Addendum for plaint;ff names associatf'd with cases on attachment) Custodial Parent's Name (Last, First, MI) Employerl\Nithholder's Federal EIN Number See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law. you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes @ no $ 0.00 per month in current and past-due medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0.00 per weekly pay period. $ 0 . 00 per biweekly pay period (every two weeks). $ 0.00 per semimonthly pay period (twice a month), $ 0 . 00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee'sl obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EH/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at '-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAll. OMB No.: 0970-01 54 J. Jrnge Form EN-028 Worker 10 $IATT Date of Order: II h r7 ( Is V ' DOO: R.J. Shadday Service Type M ;;>""""6 . ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If checked you are required to provide a copy of this form to your ~mployee. If your employe~ works in.a state that is different from the state that Issued this order, a copy must be provided to your employee even If the box 15 not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies ;n effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withhold ing. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.*-R:t::tJVlt;1I5 tlu:::: rdyu'ate/DaLc v('/I;U,I,oldillg. Yuu IIIU;:,t JC~o,t tIle pdydai.I:::"/Jdh: uf vv;L1ILold;l,g wIle.. ~6Id;"g tl,e-paYIIl!::lll. TLe l-'d.ydC1tefdal:t uf vv;ll,l,uld;115 ;sth-e-date-on-vvl.;c11 C111.0U'ltwa~ vv;tlll,!::IJ flOllllll!:: !::llItJIOyd~'5 Hagb. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2516875860 EMPLOYEE'S/OBlIGOR'S NAME: SHEAFFER, CHRISTINA D. EMPLOYEE'S CASE IDENTIFIER: 7187101105 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinafY action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. * Withholding limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (1 5 U.5.c. 91673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment The Federal limit applies to the aggregate disposable weekly eamings (ADWE). ADWE is the net income left after making mandatofY deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additionalln!o: *NOTE; If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11 . Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at 17171 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-02B Worker ID $IATT Service Type M OMS No.: 0970-0154 .. ADDENDUM Summary of Cases on Attachment DefendanUObligor: SHEAFFER, CHRISTINA D. PACSES Case Number 577107643 Plaintiff Name GARY S. SHEAFFER Docket Attachment Amount 02-5046 CIVIL$ 0.00 Child!ren)'s Name!s): PACSES Case Number Plaintiff Name DOB Docket Attachment Amount $ 0.00 Child!ren)'s Name!s). DOB o If checked, you are required to enroll the child!ren) identified above in any health insurance coverage available through the employee's/obligor's employment o If checked, you are required to enroll the child!ren) identified above in any health insurance coverage available through the employee's/ob/igor's employment PACSES Case Number Plaintjff Name P ACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child!ren)'s Name!s): DOB Docket Attachment Amount $ 0.00 Child!ren)'s Name!s): DOB you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment o If checked, you are required to enroll the child!ren) identified above in any health insurance coverage available through the employee's/obligor's employment PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child!ren)'s Name!s): DOB Docket Attachment Amount $ 0.00 Child!ren)'s Name!s): DOB Olf checked, you are required to enroll the child!ren) identified above in any health insurance coverage available through the employee's/obligor's employment o If checked, you are required to enroll the child!ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Worker ID $IATT Service Type M OM6 No.: 0970-0154 ..J ( ) L,-\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Gary S_ Sheaffer Plaintiff Vs File No. 02-5046 IN DIVORCE Christina D. Sheaffer Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] ~ prior to the entry of a Final Decree in Divorce, or _ after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of Christina D. Neff , and gives this written notice avowing his / her intention purR, Date:~ l:! COMMONWEc\L~t QF 1. ~SYLV ANIA COUNTY OF 11'111 Y . On the ~ day of k v:} ) , 200.:(, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. ~ -' ~r~~t>>9'/I~,l!?lic" . i '. . f::~..:' n [ ! I: .~ i 1\11€stUHt', r.;BrnSlllv.J:~,:,,~ "\,:,;?f.~',', "'Ol3r1e~ @)~~ j ~~ ~ ~ ~ (") c -,... :s... '"0 0' !:pf.d ,.t.........J.' :zc. C/) '" ~:::"';' .....;;,... J<"C,;-" $( , :-c J> c:: ~ ~ <= c:::;) C7'\ ::JI: > -< o -n ~:D ~~ :c-,; ~~ ~ ?ti -< o ." ::J: f':iJ c..u 0"'1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GARY S. SHEAFFER, Plaintiff, (") C 5: -0: DJ rnf" Z:J %l- ::-~ :~ ~~~ ~z>-~ )>c Z ::;! v. File No. 02.5046 CHRISTINA D. SHEAFFER, Defendant. CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT ,...., = 0 ~ -n :>>0 :r ~ n1~ f\) "m 1'_'- :nD -." <.:j 1 --;J~'f: 5; s~~I5 r:.Srn ~ -< .::- 1. A Complaint in Divorce under Section 3301 (c) of the DivorCe Code was filed on October 17, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and serVice of the Complaint. 3. I consent to the entry of a final Decree in Divorce. 4. I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: cc/~o(, 4~/~b-- 67103.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GARY S. SHEAFFER, Plaintiff, v. File No. 02-5046 0 ....., = 0 c:: = ;;;:- 0-> " -On:'! :>>- :I! rnn-.i c: Z".:l G:> 01 :!J Zr- r- (j),: N -um :fJO fEe- w '01 '" :&0- :r:f~ '?':c -.-,1 L:..C :II: ~)(""5 Pr- - Om ~ .. i .r:- -< CHRISTINA D. SHEAFFER, Defendant. CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~ 1::>.,)./0"- 87103.1 GARY S. SHEAFFER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 02 - 5046 CIVIL CHRISTINA D. SHEAFFER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this ll~ day of ~l.{,1\.., 2006, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated January 27, 2006, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, ./~ ( r Jr71I ~v. .~ \(&'j~ Edgar B. Bayley, P.J. \ cc: ~nis R. Sheaffer Attorney for Plaintiff ,\\)\J [\,\ o \;rn 6S :?! ,'.' II ~10 ,) " I.',. "11,,", . . MARRIAGE SETTLEMENT AGREEMENT AGREEMENT made this ~1.J:t day of January, 2006, by and between CHRISTINA SHEAFFER (hereinafter called "Wife") and GARY S. SHEAFFER (hereinafter called "Husband"). WIT N E SSE T H: WHEREAS, the Parties hereto are Husband and Wife, having been married on September 3, 1993, in Westminster, Carroll County, Maryland. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the Parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the Parties hereto are desirous of settling fully and finally the respective financial and property rights and obligations as between each other, including without limitation: 1. The settling of all matters between them relating to ownership and equitable distribution of real and personal property; 2. The settling of all matters between them relating to past, present and future support and/or maintenance of Husband by Wife or Wife by Husband; . . 3. In general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the Parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT PREDICATED UPON DIVORCE: It is specifically understood and agreed by and between the Parties hereto, and each ofthe Parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any Agreement for the institution, prosecution, defense or for the non- prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the Parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds, nor to prevent either party from defending any such action which may, has been, or shall be instituted by the other Party, or from making any just or proper defense thereto. 2. EFFECT OF DIVORCE DECREE: The Parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the Parties. 2 . . 3. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE: The Parties agree that the terms ofthis Agreement shall be incorporated but not merged into any Divorce Decree which may be entered with respect to them. 4. ADVICE OF COUNSEL: The provisions ofthis Agreement are intended to effect a legally binding property settlement between the parties. Husband has been represented by Dennis Sheaffer, Esquire and Wife has been represented by Mark A. Mateya, Esquire. Each party acknowledges that he or she fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is fair and equitable, that it is being entered into freely and voluntarily and that this Agreement and the execution thereof is not the result of any duress, undue influence or collusion. 5. INTERFERENCE: Each party shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor in any way interfere with the peaceful existence, separate and apart from the other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 3 . . 6. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit claim, and forever discharge the other in the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) ofthe other or against the estate of such other, or whatever nature and whatsoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other, or by way of dower or courtesy, or widows or widowers rights, family exemptions or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country, or any right which Wife may have or at any time hereafter have for past, present or future support of maintenance, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result ofthe marital relation or otherwise, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give each other, by the execution of this Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 4 .. . . 7. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS: Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all ofthe property that either or both parties own at this time or owned as ofthe date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and non- marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines 5 . . to be marital, and to set aside to either party that property which the court determines to be the parties' non-marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, debt allocation, and counsel fees, costs and expenses. 8. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they will divide the marital property as ofthe date of this Agreement, including, but without limitation, jewelry, clothes, furniture and other personalty and hereafter Husband agrees that all the property in the possession of Wife on the date of this Agreement shall be the sole, separate property of the Wife; and Wife agrees that all of the property in the possession ofthe Husband on the date of this Agreement shall be the sole, separate property of Husband. Presently, stock certificates of Harley Davidson, GE, Intel and First TennesseelFirst Horizon are in the physical possession of Husband. Husband agrees to endorse the stock certificates over to Wife and to relinquish physical possession of any and all said stock certificates to Wife at the time wife makes the final payment to husband pursuant to paragraph 15 of this Marriage Settlement Agreement. 9. AFTER-ACQUIRED PERSONAL PROPERTY: Each of the Parties shall hereinafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her after October 1,2002, with full power in him 6 . . or her to dispose ofthe same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 10. DIVISION OF VEHICLES: With respect to the vehicles owned by one or both of the parties, or the net proceeds or value derived from any prior sale or trade in thereof, they agree as follows: Each party has already acquired their own vehicles. The titles or lease agreements to said vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date. For purposes ofthis Paragraph the term "title" shall be deemed to include "power of attorney" if the title or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise. In the event any vehicle is subject to a lien or encumbrance the party receiving said vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other part harmless from said lien or encumbrance. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest he or she may have in the vehicle(s) that shall become the sole and separate property ofthe other pursuant to the terms ofthis Paragraph. 11. REAL PROPERTY: Husband and Wife hereby agree that all right, title and interest in the real estate located at 39 South 8th Street, Lemoyne, Cumberland County, Pennsylvania is the sole property of Husband as of the date ofthe signing of this Agreement. The quitclaim deed to the 7 . . property mentioned above, executed on the date ofthe execution of this document, is incorporated by reference herein. Husband shall obtain financing for the real estate located at 39 South 81h Street, Lemoyne, Cumberland County, Pennsylvania within sixty (60) days of the date of execution ofthis document. 12. LIABILITIES: It is further mutually agreed by and between the parties that the debts be paid as follows: A. The Husband shall assume all1iability for and pay and indemnify the Wife against any of his individual debts. B. The Wife shall assume all liability for and pay and indemnify the Husband against any of her individual debts. C. The parties agree that there are no other joint debts of the parties. 13 WARRANTY AS TO EXISTING OBLIGATIONS: Each Party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other Party may be responsible or liable except as may be provided for in this Agreement. Each Party agrees to indemnify or hold the other Party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 14 WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless 8 . . and keep the other indemnified from all debts, charges and liabilities incurred by the other after October 1, 2002, except as may be otherwise specifically provided for by the terms of this Agreement and that neither ofthem shall hereafter incur any liability whatsoever of which the estate of the other may be liable. 15. EOUITY SETTLEMENT: Wife agrees to transfer to Husband the amount of thirty- eight thousand dollars ($38,000.00), eleven thousand ($11,000.00) of which has already been paid to Husband on or about January 16th, paid in hand to Dennis Sheaffer, Esq., in the form of a cashier's check made payable to Gary Sheaffer, and twenty-seven thousand ($27,000.00) to be paid by wife to husband within thirty (30) days after the entry of a divorce decree in this matter or sixty (60) days after the signing of this Marriage Settlement Agreement, whichever comes first. Husband agrees to execute any documents necessary for wife to release said funds from Wife's IRA holding company, Ameriprise. 16. PENSION: A. Wife surrenders all right, title and interest in Husband's IRA, pension, or other investments. B. Husband surrenders all right, title and interest in Wife's IRA, subject to the provisions in paragraph 16 above. 17. OTHER DOCUMENTATION: Wife and Husband covenant and agree that they will forthwith (and within at least twenty (20) days for demand therefore) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or other such writings as may be 9 . . necessary or desirable for the proper effectuation of this Agreement in order to carry out fully and effectively the terms of this Agreement. 18. FULL DISCLOSURE: Each party asserts that he or she has made a full and complete disclosure of all of the real and personal property of whatsoever nature and wherever located belonging in any way to either or both of them, of all the debts and encumbrances incurred in any manner whatsoever by either or both of them during the marriage, of all sources and amounts of income of each party, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part ofthe consideration made by each party for entering in this Agreement. 19. FEES. COSTS AND EXPENSES: Each party agrees to be solely responsible for her and his respective counsel fees, costs and expenses in negotiating and concluding this Agreement, dissolving their marriage and consummating all provisions of this Agreement. 20. ENTIRE AGREEMENT: This Agreement contains the entire understanding between the Parties. There are no representations, warranties, covenants or undertakings other than as expressly set forth herein. 21. WAIVER OR MODIFICATION TO BE IN WRITING: No modification nor waiver of any of the terms hereof shall be valid unless in writing and signed by both Parties and no 10 . . waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 22. LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 23. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, successors and assigns. 24. SEVERABILITY: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any Party to meet his or her obligations under anyone or more of the paragraphs herein with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the Parties. 25. NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms ofthis Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any subsequent 11 . . . . , default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 26. BREACH: If for any reason either Husband or Wife fails to perform his or her obligations hereunder to the other spouse, and the other spouse incurs any expense hereby (including but not limited to legal fees and costs) in enforcing his or her rights, the non-breaching party shall have the right, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have and the spouse who failed to perform the obligations agrees to indemnify the other spouse and hold him or her harmless from any and all such expenses. 27. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for the convenience of reference and shall not constitute a part of this Agreement nor shall they effect its meaning, construction or effect. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first above-written. WITNESS: ,.. I 1 \~. \1~ i\., W~ J ) @, /,~ I '7-;/0/ It? 6 ( ~ W~ (SEAL) s.s1rE 12 . . . . COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF DAUPHIN On this, the cJ.'l)iday o~UVJ ' 2006, before me, a Notary Public in and for said Commonwealth and County, personally appeared CHRISTINA SHEAFFER , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~/t1ifuJ (1. fknuMv Notary Public My Commission Expires: (SEAL) Notarial Seal . I Frances A. Aumiller, Notary PubliG I City of Harrisburg, Dauphin County ! I My Commission Expires Mar. 16. 20Cb i . , ~;:cmber, Pennsylvania Association of Not.'n'. ... COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF DAUPHIN On this, the )l-/if day of /~, 2006, before me, a Notary Public in and for said Commonwealth and County, personally appeared GARY S. SHEAFFER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: (SEAL) 1J1~I ~_~.,,d ~otary Public NOTARIAL SEAL MICHELE KUSERY-GRANT NolO1Y Public cnv Of HARRISBURG. DAUPHIN COUNlY My CommissIOn Expll'es Nov 5. 2007 13 , ~ GARY S. SHEAFFER Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-5046 CHRISTINA D. SHEAFFER, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE $ AND NOW, this /'J day of $?iji-e-wb-u--. 2006, comes Dennis R. Sheaffer, Esquire, Attorney for Plaintiff, who, being duly sworn according to law, deposes and says that: 1. A Complaint for Divorce was filed to the above term and number on October 17, 2002. 2. On October 28,2002, Elizabeth Beckley, Esquire accepted service ofthe Compliant in Divorce filed to the above term and number on behalf of Defendant, Christina D. Sheaffer. A copy of said Acceptance of Service is attached hereto as Exhibit "A" and is incorporated herein by reference. Respectfully submitted, Dennis R. S eaffer, squire Attorney I.D. No. 39182 111 North Front Street Harrisburg PA 17108-0889 (717) 234-4121 Attorney for Plaintiff } .'f f GARY S. SHEAFFER, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-5046 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE CHRISTINA D. SHEAFFER, Defendant ACCEPTANCE OF SERVICE I, Elizabeth Beckley, counsel for Defendant Christina D. Sheaffer, hereby accept service of the Complaint for Divorce in the above matter on behalf of my client, Defendant Christina D. Sheaffer. Date: 10 ()o-OJ- Iiz eth Beckley, Esquire BECKLEY & MADDEN 212 North Third Street Harrisburg, PA 17101 53892.1 lj ..n (0 ("-.J C' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GARY S. SHEAFFER, Plaintiff, v. File No. 02-5046 CHRISTINA D. SHEAFFER, Defendant. CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: via certified mail on or about October 28.2002 (see Affidavit of Service filed concurrentlv herewith. 3. Date of execution of the affidavit of consent and waiver required by Section 3301 (c) of the Divorce Code: by plaintiff: Auoust 23. 2006; by defendant: March 6. 2006 4. Related claims pending: None 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe a copy of which is attached: (b) Date plaintiffs Waiver of Notice was filed with the Prothonotary: Auoust 23.2006 Date defendant's Waiver of Notice was filed with the prothonotary: March 15. 2006 Dated: September 12, 2006 @1~ Dennis R;Sheaffer Pa. I.D. No. 39182 Tucker Arensberg, P.C. 111 N. Front Street, P.O. Box 889 Harrisburg, PA 17108 717-234-4121 ATTORNEYS FOR PLAINTIFF 87106.1 .-1 r< r~<) c:' if-if- if- 1fiif- if- if- if-1fi if-if- 1fi if- 1fiili if. i1i1fi1fi i1iif. i1iif.1fi1fiiliif.1fiif.1fiiliili1fiif.if.1fi1fiili if. 1fiif.if-i1i IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. Gary S. Sheaffer No. 5046 2002 VERSUS Christina D. Sheaffer DECREE IN DIVORCE AND NOW, Sl' b + , loo'_, IT IS ORDERED AND 20 DECREED THAT Gary S. Sheaffer , PLAI NTI FF, AND Christina D. Sheaffer , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; AND IT IS FURTHER ORDERED, that the terms, condition and covenants set forth in the written Marriage Settlement Agreement made and entered into by the parties on January 27, 2006, are incorporated into this Decree by reference thereto, but not merged into this Decree. ~. 'of' '<! ..1. 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